“Indian Institutions must know how to conduct themselves for the survival of democracy”, says Vice-President Jagdeep Dhankar
In a continued tussle between the judiciary and legislature of India, Vice-President Jagdeep Dhankar has given another remark today. In his address at the 83rd All India Presiding Officers Conference he showed his concern towards the democracy of the nation while questioning the judicial over-reach and the Keshavnanda Bharti Case which gave the Basic Structure Doctrine of India.
Image Source: Jagran TV
Views on Judicial Overreach
In his address, Jagdeep Dhankar said, “you cannot write a judgement of the court in the legislature in the same way court cannot legislate.” He criticised the Supreme Court of India (SCI) for upholding ‘one upmanship’ and ‘public posturing.’ The comments came in the backdrop of a contempt petition of last month when the SCI disapproved of the comments made by the government against the collegium system.
Mr Dhankar has openly condemned the collegium system several times since his chairmanship in Rajya Sabha. In his current speech, he talked about the scrapping of the National Judicial Appointment Commission (NJAC) by the SCI and said, “it was a scenario perhaps unparalleled in the democratic history of the world”.
Views on the Basic Structure Doctrine
Questioning the landmark judgement of the Keshavnanda Bharti Case which gave the Basic Structure Doctrine to India, Dhankar said that it has become the ground for setting aside several Constitutional amendments, and the NJAC Act of 2015.
His concern with the survival of democracy was reflected in his speech as he claimed to be “ the soldier of the judiciary” but also asserted that parliamentary sovereignty and autonomy as quintessential. He said, “democracy cannot be permitted to be compromised by the executive or the judiciary.”
With regard to Basic Structure Doctrine he said, “ In a democratic society, the basis of any basic structure is the supremacy of the people and the sovereignty of the Parliament. The executive thrives on sovereignty,”
P. Chidambaram Counters Vice-President’s Remarks
In a thread of tweets done by P. Chidambaram, he supported the Basic Structure Doctrine and countered Mr Dhankar’s views.
Image Source: Twitter (@PChidambaram_IN)
Supporting the Basic Structure, P. Chidambaram wrote that the constitution is supreme as compared to the parliament of India and it is the doctrine itself which prevents the assault on the constitution of India. He also wrote that nothing has stopped the Government of India from bringing another bill regarding judicial appointments if NJAC was struck down. He tweeted, “striking down of one act does not mean that basic structure doctrine is wrong.”
The backdrop of Mr Dhankar’s Comments on Judicial Overreach
Mr Dhankar is not alone in condemning the SCI. Last year, Union Law Minister was also seen doing the same. The collegium system which is used for making the appointments and transfer of judges has been called opaque, alien and undemocratic, by Kiren Rijju. The collegium was established in 1993 by replacing the constitutionally recommended executive-run appointment procedure for the SCI.
The latest remarks made by the vice president came when the Supreme Court judges on December 8, told the Attorney General to convey its displeasure to constitutional authorities after hearing a contempt petition filed against the Centre for not approving the collegium recommendations within the timelines laid down by the Court.
What is the Basic Structure Doctrine?
The basic Structure Doctrine came with the 1973 landmark judgement of the Keshavnanda Bharti Case. In a 13- judge constitutional bench it was ruled that Constitution is inviolable, and could not be amended by Parliament. If any law violates this doctrine, the court will declare that law or act unconstitutional in nature. The SCI made it clear that while the parliament has the power to amend the constitution it should not amend certain basic features of the Indian constitution.
The basic features of the Indian constitution include ensuring sovereignty, providing justice, following a democratic republic order, following the rule of law etc.
